Every Type of Motion – request a specific ruling or order:

motion:(18c.)

l. A written or oral application requesting a court to make a specified ruling ororder. —aka application.[1]

1. An application, normally incidental to anaction, made to a court or judge for the purpose of obtaining an orderor rule directing something to be done in favor of the applicant.37 Am J1st Motions § 3.

2. The means of presenting a proposition in a meeting conducted according to parliamentary procedure. [2]

1. An application made to a court for the purpose of obtaining anorderor rule directing something to be done in favor of the applicant. (EXAMPLE: adefendant‘s motion to dismiss is a formal request to the court that the plaintiff’s lawsuit be terminated without further consideration.) The types of motions available to litigants, as well as their form and the matters they appropriately address, are set forth in detail in theFederal Rules of Civil Procedureand the rules of civil procedure of the various states, as well as in theFederal Rules of Criminal Procedureand the various states’ rules of criminal procedure. Motions may be written or oral, depending on the type of relief sought and on the court in which they are made.

2. Under parliamentary rules, the method of presenting a resolution or other measure for debate and decision by the assembled group. [3]

“Frequently, in the progress of litigation, it is desired tohave the court take some action which is incidental to the main proceeding, as appointing an auditor, or entering a survey of land, etc. Such action is invoked by an application usually less formal than the pleadings, and called a motion. These are either oral or in writing. Sometimes great particularity is required, and the truth of the matters presented must be supported by affidavit(Fed. R. Crim. P. 47). Each kind of motion is dealt with as justice and expediency seem to require.” [4]

motion day – day regularly scheduled by courts or commissions to hear all motions, such as every Tuesday or the third Monday of the month.

notice of motion– written certification that a party to a lawsuit has filed a motion or that a motion will be heard or considered by the court at a particular time; most courts require all motions to include a certificate of service, indicating that allpartieshave receiveddue notice. Fed. R. Civ. P. 5(d), 7(b)(1); Fed. R. Civ. P. Form 19.

own motion – a disposition made by a court or other tribunal during the course of a proceeding, without a party having requested it. — aka sua sponte; sponte sua; nostra sua.

ii. Various Types of Motions,Generally:

contradictory motion– a motion likely to be contested or that the non-moving side should have an opportunity to contest.

cross-motion – a competing request forreliefor orders similar, but contradictory to that requested by another party.

motion to continue – request a new trial date for a criminal case due to a logical reason (i.e. conflicted schedule, finding of new evidence, the case depends upon the rescheduling for some logical reason). — aka motion for continuance.

motion to dismiss – due to settlement, voluntary withdrawal, or one of several procedural defects.

motion to quash – request the court nullify process or an act instituted by the other party or previous court decision (i.e. nullify a warrant or subpoena).

motion to remand – in a case that has been removed from state court to federal court, a party’s request that the federal court return the case to state court, usually because the federal court lacks jurisdiction or because the procedures for removal were not properly followed.

motion to withdraw – attorney’s request for a court’s permission to cease representing a client

motion to suppress – prohibit the introduction of illegally obtained evidence at a criminal trial.

omnibus motion – in criminal cases, a defense pretrial motion to suppress inadmissible evidence from being brought up during the trial.

motion in limine – pretrial request that certain inadmissible evidence not be referred to or offered at trial.

motion for protective order – request the court protect you from a potentially abusive action by the other party, often pertaining to suppressing damaging evidence.

Pretrial Motions forTransferring Venuesto hold trial in a different court:

motion to transfer venue – transfer the case to another district or county, usually due to improper jurisdiction or local prejudice. — aka motion for change of venue.

motion to remand – in a case that has been removed from state court to federal court, a party’s request that the federal court return the case to state court, usually because the federal court lacks jurisdiction or because the procedures for removal were not properly followed.

Byrd affidavit – in criminal cases, a defendant’s affidavit in support of a motion to sever on the grounds that a codefendant will give exculpatory testimony for the defendant. Byrd v. Wainwright, 428 F.2d 1017 (5th Cir. 1970).

motion to strike – to delete insufficient defenses or immaterial, redundant, impertinent, or scandalous statements from an opponent’s pleading, or that that inadmissible evidence be deleted from the record and that the jury be instructed to disregard it.

motion in arrest of judgment – a defendant’s postjudgment motion in a criminal case claiming that a substantial error appearing on the face of the record invalidates the whole proceeding & the judgment

motion for new trial– request a court to vacate its final judgment & order a new trial due to insufficient evidence, newly discovered evidence, jury misconduct, etc. Often this motion is required before raising such a matter on appeal.

motion for rehearing – request another hearing of a case, motion, or appeal usually to consider an alleged error or omission in the courts judgment or opinion.

motion for protective order – request the court protect you from a potentially abusive action by the other party, usually relating to protecting Trade Secrets from being open to the public through Discovery.

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“What’s important is that you have a faith in people, that they’re basically good and smart, and if you give them tools, they’ll do wonderful things with them.“ [5]